Trump's new Supreme Court ploy doesn't even try to hide that it's a delaying tactic

Donald Trump's filing with the Supreme Court over his request for expanded presidential immunity begins with a quote from Yogi Berra.

This request is once again déjà vu, write the former president's lawyers, pointing out that special counsel Jack Smith had tried unsuccessfully to get the nine judges to decide the question in an accelerated manner in December.

But another of the New York Yankees catchers' latest, revered sentences offers a better summary of Trump's drawn-out legal strategy of delay at all costs, designed to postpone judgment until after the November election. It's not over until it's over.

The ex-president on Monday asked the Supreme Court to intervene to temporarily block a U.S. Court of Appeals ruling that last week eviscerated his claims that a president is indeed above laws during his term and shielded from prosecution thereafter.

The case is Trumpian in its audacity.

Essentially, it would be unfair to millions of voters if the ex-president couldn't get his message across in the 2024 election because he is on trial for trying to overturn the 2020 election. was less concerned about voters' rights when he sought to thwart their choice to remove him from office in 2020. After an unprecedented effort by Trump to interrupt the cherished tradition of peaceful transfers of power three years ago, the Trump's lawyers nevertheless insist The truly stunning violation of historical precedent and norms is that the lower court ruled that presidential immunity for official acts did not exist at all. While Trump claims he was using presidential power in a legitimate effort to highlight voter fraud, nothing in the Constitution gives the president the right or duty to officially administer elections, count votes, or contact local election officials as a former president. is supposed to have done so.

The text filed by Trump in court seems somewhat frivolous at times. In its tone and depth, this contrasts with the very reasoned rejection of his requests for immunity last week by three judges of the court of appeal, which was widely welcomed by jurists. And it reflects the extraordinarily broad and improbable vision of nearly unlimited presidential power that Trump has become accustomed to during his term in office and that he seems to relish returning to if he wins the November election ahead of a term he swore that he would be devoted to vengeance against his enemies.

This case, this stay request, is pretty weak, Ty Cobb, a former Trump White House lawyer, told CNN's Erin Burnett on Monday. I don't think the Supreme Court will find these arguments compelling one way or the other.

Trump's latest request comes at a critical time as actions the Supreme Court takes in the coming days will likely decide whether this case, one of the most potentially damaging of the four criminal trials facing Trump, will be brought before a jury before the elections. It's not just about demanding accountability for the ex-president's efforts to stay in power despite losing the last election to President Joe Biden. It could also influence the fate of the White House since some polls, including a national NBC News survey this month, suggest some Trump voters might not support him if he is a convicted felon when they go vote. In what is expected to be a close election, even small-scale defections from Biden could weigh on the outcome.

Trump's legal team has good reason to try to run out of time. Therefore, his actions must be evaluated as much for their political impact as for the quality of litigation in an election season that has merged Trump's legal and electoral strategies.

Trump asked the Supreme Court to stay the entire case to allow him to fully exercise his rights as an appellant, possibly including a so-called en banc appeal before a full panel of appeals court judges, and then finally before the Supreme Court. before the High Court, a process which could take several weeks or even months. But it's unclear whether the Supreme Court, which last week heard oral arguments on another Trump case involving his removal from the Colorado ballot, will even agree to grant his latest request.

The special prosecutor has until February 20 to respond to Trump's request, although Smith will likely file it much sooner.

Elie Honig, CNN's senior legal analyst, said the real impact of the new petition is that it will almost certainly dictate whether or not Donald Trump will be tried in connection with the election of Jack Smith before or after the election. 2024.

First, the Supreme Court must decide whether to grant a stay, but Honig said: The bigger question is: Will the Supreme Court ultimately take up this case? If they don't accept the case, the case will go back to district court, and I think we're most likely looking at a trial this summer. If they take the deal and set it close to a normal schedule, I think in all likelihood it would push the schedule back until after the 2024 election, that's how high the stakes are.

Norm Eisen, another CNN legal analyst, said the court would likely grant some sort of stay, but that even if it decided to take up the case, the court could expedite it. The chances of long-term success are low. But it's a late game at this point, Eisen said.

But both Trump and Smith know time is running out, as a trial threatens to coincide with the heat of the presidential election.

The really precarious situation that Jack Smith and the Justice Department find themselves in is that every day counts at this point, given the calendar and the political agenda, Ankush Khardori, a former federal prosecutor, told CNN's Wolf Blitzer. I don't expect them to approve of this whole delaying tactic, at least I hope they don't, but we are now starting to get very close to it.

As is often the case, Trump had a busy legal brief Monday.

The historic spectacle of a former president making an unprecedented request for total immunity that appears to run counter to America's founding principles of restraining executive irresponsibility only emerged after an earlier appearance before the tribunal. The former president participated in a closed-door hearing in Florida as his lawyers argued with Smith's team over access to classified documents relevant to the case involving his hoarding of secret government documents at his residence resort. As in Smith's case in Washington, Trump's team is seeking to delay the trial currently scheduled for May.

The former president is also expected in court Thursday in Manhattan for a hearing related to a hush money payment sent to adult film actress Stormy Daniels during her 2016 presidential campaign. That case is now expected to be the first of four Trump criminal trials to proceed in late March after the judge overseeing the federal election case postponed the start of his proceedings pending the ex-president's appeal.

Meanwhile, Trump is hoping that Fani Willis, the prosecutor in the Georgia election subversion case, could be removed from office after a personal relationship with a lead prosecutor was revealed. A hearing is scheduled for Thursday after a judge presiding over the case said Willis could be disqualified if she benefited financially from the relationship.

And in another fateful courtroom development this week for Trump, a New York judge is expected to rule Friday on how much Trump will have to pay for ill-gotten gains related to a civil fraud lawsuit targeting former president Trump Organization and his adult sons. Much of Trump's fortune is at risk in this case, as well as his ability to do business in New York state.

This impressive list of cases poses a crushing burden for any defendant, much less one running for president, but it doesn't even cover the entirety of his legal responsibilities. However, this raises the prospect of dark times ahead for Trump if he does not win the 2024 election and is unable to use presidential power to halt trials or overturn convictions in one federal proceedings against him.

This story has been updated with additional developments.

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